Supreme Court Seeks Common Compilation Of Arguments In Delhi Services Case

The Supreme Court asked Abhishek Manu Singhvi and Sanjay Jain to sit together and decide the legal questions to be decided by the Constitution bench in the services row. New Delhi: The Supreme Court on Wednesday ordered a common compilation of submissions be filed by both the parties in a petition by the Delhi government challenging the central government's law establishing pre-eminence of the lieutenant governor over the elected AAP dispensation in controlling services in the national capital. A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra was urged by senior advocate Abhishek Singhvi, appearing for the Delhi government, that the matter be listed before a five-judge Constitution bench for urgent hearing. “I can't express the agony of the (Delhi) administration,” the senior lawyer said. “There are older Constitution bench matters. We are listing and there are two seven-judge bench matters also coming up. All these are also important and are pending for years,” the CJI said, adding it may be listed after some time. The bench, however, asked Mr Singhvi and Additional Solicitor General Sanjay Jain to sit together and decide the legal questions to be decided by the Constitution bench in the services row. “We will appoint Shadan Farasat as nodal counsel. We will ask for the common compilation to be prepared. Prepare your submissions in four weeks and then you can mention it (for listing),” the bench said. Earlier, the top court on August 25 had permitted the Delhi government to amend its petition challenging the central government's ordinance establishing pre-eminence of the lieutenant governor over the elected dispensation in controlling services. Amending the petition became necessary after the ordinance was replaced by a law. It had taken note of the submissions of Mr Singhvi that earlier the challenge was directed against the ordinance which has now become a law after it was cleared by the two Houses of Parliament and got presidential assent. "The interim application seeks amendment to the writ petition by which the NCT Ordinance was challenged. Now, it has been replaced by an Act (the Government of National Capital Territory of Delhi (Amendment) Bill 2023). We have heard the counsel. "The solicitor general says they have no objection. The application for amendment is allowed. The counter-affidavit (reply of the Centre) if any, may be filed within four weeks,” the bench had said.

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